Dump truck accidents in New Jersey occur more often than you may believe. In Riverdale, NJ, for example, there's the infamous "Kill Hill" where a number of dump truck accidents have taken place over the years. Dump trucks that are hauling earth will drive down the steep hill and are unable to stop in time to avoid hitting other vehicles at the intersection. This is just one street, but these types of accidents occur every day across the state.
Some of our clients have suffered injuries during accidents involving NJ dump trucks, so we put together some important information about what to do and what you should know about dump truck accidents.
If you've been involved in a truck accident, we encourage you to reach out to the team at Brandon J. Broderick, Attorney at Law. We have experienced NJ truck accident lawyers who are ready to take your call and help you resolve your case.
Common Causes for New Jersey Dump Truck Accidents
A variety of elements can contribute to a truck accident in New Jersey. Large, heavy trucks may be loaded with materials in the back. Due to the size of the trucks, it can be difficult to maneuver through traffic. And, some drivers may be inexperienced and lacking the knowledge necessary to safely handle situations or drive. Sometimes a driver's cell phone can cause them to become distracted, resulting in a collision. Or, the driver doesn’t follow trucking industry rules and regulations.
Accidents involving dump trucks are most commonly caused by:
- Low visibility - The driver of a dump truck or other law trucks cannot see any cars in front of them or at the rear due to the container blocking their view. Unfortunately, the blind spots on a dump truck can be the size of a compact car or larger, so the driver should be very aware of other cars before merging or changing lanes.
- Center of gravity - The center of gravity of a commercial truck is high. Compared to other cars, they can roll over far more easily. Truck drivers should make sure the load is spread equally across the back. A truck's weight imbalance from improperly loaded goods could result in a rollover accident or hinder the driver's control during a quick turn or turning quickly.
Accidents involving dump trucks could also be caused by:
- Failure to yield of the right of way
- Driving while intoxicated
- Speeding
- Driving while distracted
- Drowsy driving
- Tailgating
- Ignoring traffic signs and laws
Determining Fault in a Dump Truck Accident
Determining fault isn't always clear in an accident involving a dump truck. However, due to no-fault laws in New Jersey, your own PIP (personal injury protection) is used to cover losses, such as medical costs and lost wages. If you've suffered a serious injury, which can occur in any type of accident, you may have a personal injury claim on your hands if the other driver is at fault or other parties were found to be negligent.
As with most personal injury lawsuits seeking damages for injuries suffered in a dump truck accident, it's unlikely the case will go to trial. The majority of cases are resolved out of court through a settlement agreement. An insurance company could avoid paying more money in settlement than they would like to.
New Jersey follows a comparative fault system, so you may still be entitled to compensation even if you share fault in the accident. The extent to which you were at fault impacts the amount of damages you receive. For instance, you are still eligible to get 80% of the sum awarded even though you contributed 30% fault to the dump truck accident.
There is a fault threshold in New Jersey that you should be aware of. If you are assigned more than 50% fault, you cannot receive compensation.
Time Limit To File A Claim in a Dump Truck Accident
While most accident cases in New Jersey are settled out of court, the accident victim may need to file a lawsuit for compensation in court if an insurance company doesn't come to a settlement agreement with you or denies your claim altogether.
There is a two-year statute of limitations in New Jersey, which applies when filing a personal injury claim. This is the cutoff date for filing claims for personal injury and property damage following a car accident.
The day of the dump truck accident would be when the clock begins on the time limit to file a claim. If the accident victim doesn't immediately recognize or discover his or her injuries, there is a rule known as the "discovery rule" that applies. Concussions, whiplash, and internal injuries are just a few of the injuries that have delayed symptoms. According to the discovery rule, a claimant has two years from the time that an injury is found or should have reasonably discovered to file a claim.
Retain a New Jersey Dump Truck Accident Attorney Today
Brandon J. Broderick, Attorney at Law has a long history of providing our clients the best legal representation in the event of a New Jersey dump truck accident.
While you are recovering from your injuries, you might not want to put yourself under further stress. We are here to help you through the legal process while you focus on healing.
Our legal team is available 24/7 to help when you need it the most. Call us today for a free consultation if you've been injured in a dump truck accident and it wasn't your fault.